Common use of Disclaimer of Warranties and Conditions Clause in Contracts

Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE OTHER COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. COMPANY AND THE OTHER COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (3) THE SERVICES ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.

Appears in 1 contract

Samples: Terms of Service Agreement

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Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE OTHER COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. COMPANY AND THE OTHER THE 6.1 COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS OR REQUIREMENTS; (2) YOUR USE OF THE SERVICES COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR FREE; (3) THE SERVICES ARE OR RESULTS THAT MAY BE OBTAINED FROM USE OF COMPANY PROPERTIES WILL BE FREE OF COMPUTER VIRUSES ACCURATE OR RELIABLE; OR (4) THAT THE SERVICE WILL DETECT, FLAG OR OTHERWISE IDENTIFY ALL POTENTIAL THREATS, VULNERABILITIES AND SECURITY ISSUES RELATED TO YOUR SOFTWARE AND CODEBASE. 6.2 THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER HARMFUL COMPONENTSDISRUPTIONS. IF YOU RELY ON ANY DATA COMPANY MAKES NO WARRANTY, REPRESENTATION OR INFORMATION OBTAINED THROUGH THE CONDITION WITH RESPECT TO SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH DATA SERVICES. 6.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 6.4 From time to time, Company may offer new “beta” features or tools with which its users may experiment. THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGALSuch features or tools are offered solely for experimental purposes and without any warranty of any kind, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICEand may be modified or discontinued at Company’s sole discretion. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICEThe provisions of this section apply with full force to such features or tools.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE OWN RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE OTHER COMPANY Literacy Resources PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-NON- INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. COMPANY Literacy Resources MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED VIA THE SERVICE OR THE CONTENT OF ANY THIRD PARTY SITES LINKED TO THE SERVICE AND THE OTHER COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, OR (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. Literacy Resources PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (3) THE SERVICES ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTSFREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICEMIGHT HAVE ADDITIONAL RIGHTS.

Appears in 1 contract

Samples: Contract Rider

Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE OTHER COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. COMPANY AND THE OTHER WEBSITE. 8.1 COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS OR REQUIREMENTS; (2) YOUR USE OF THE SERVICES COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE BE 8.2 ANY CONTENT DOWNLOADED FROM OR ERROR-FREE OR (3) THE SERVICES ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED OTHERWISE ACCESSED THROUGH THE SERVICES, YOU DO SO COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK. , AND YOU ARE SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM YOUR USE ACCESSING SUCH CONTENT. 8.3 THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH DATA SERVICES. 8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SERVICES ARE PROVIDED 8.5 FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH THE UNDERSTANDING THAT COMPANY AND WHICH ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICEMAY EXPERIMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

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Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS WEBSITES OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HMA GROUP HOLDINGS, LLC AND THE ALL OTHER COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE USE OF THE SERVICES WEBSITES. HMA GROUP HOLDINGS, LLC AND PRODUCTS. COMPANY AND THE ALL OTHER COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION REPRESENTATION, OR CONDITION THAT: (1I) THE SERVICES OR ANY PRODUCTS WEBSITES WILL MEET YOUR REQUIREMENTS OR (2II) YOUR USE OF THE SERVICES WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE SECURE, OR ERROR-FREE OR (3III) THE SERVICES WEBSITES ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RELY ON IN NO EVENT WILL HMA GROUP HOLDINGS, LLC OR ITS AFFILIATES, OR ANY DATA PARTY INVOLVED IN CREATING, PRODUCING, OR INFORMATION OBTAINED THROUGH DELIVERING THE SERVICESWEBSITES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE OR ANY WEBSITE LINKED TO THE SPH, LLC WEBSITES, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGE DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR LOSS THAT RESULTS FROM PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO USE THE SPH, LLC WEBSITES OR ANY SITE LINKED TO THE SPH, LLC WEBSITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DATA DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR INFORMATION. LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPH, LLC LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICEEXTENT PERMITTED BY LAW.

Appears in 1 contract

Samples: Terms of Use

Disclaimer of Warranties and Conditions. THE SOFTWARE IS PROVIDED TO YOU EXPRESSLY UNDERSTAND STRICTLY ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. WSISIGN DOES NOT MAKE, AND YOU DO NOT RECEIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT TO WSISIGN DOES NOT REPRESENT OR WARRANT, OR GIVE ANY CONDITION THAT: (I) THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, DEVICE, PHONE, COMPUTER, SYSTEM OR DATA, (II) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY DATA WILL BE ACCURATE OR RELIABLE, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, OR, (V) THE SOFTWARE, OR THE COMPUTERS AND ANY PRODUCTS OFFERED THROUGH SYSTEMS THAT MAKE THE SERVICES IS AT YOUR SOLE RISKSOFTWARE AVAILABLE, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISFREE OF VIRUSES, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWWORMS, COMPANY AND THE TROJANS, MALICIOUS CODE, SPYWARE, MALWARE OR OTHER COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS HARMFUL COMPONENTS OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS EXPRESS, IMPLIED, STATUTORY, ARISING FROM A COURSE OF CUSTOM OR IMPLIEDTRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE ANY IMPLIED WARRANTIES WARRANTY OR CONDITIONS CONDITION OF MERCHANTABILITY, ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, TITLEANY IMPLIED WARRANTY OR CONDITION OF COMPLIANCE WITH ANY DESCRIPTION, AND OR IMPLIED WARRANTY OR CONDITION OF NON-INFRINGEMENT ARISING FROM USE INFRINGEMENT, VIOLATION AND/OR NON- MISAPROPRIATION OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY WSISIGN TO THE SERVICES AND PRODUCTS. COMPANY AND THE OTHER COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (3) THE SERVICES ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATIONMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGALFOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICEHOWSOEVER CAUSED.

Appears in 1 contract

Samples: End User License Agreement

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